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Ben Jones
Ben Jones, Solicitor
Category: UK Bankruptcy Law
Satisfied Customers: 38378
Experience:  Solicitor with UK Bankruptcy and Insolvency Law experience
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Hi Ben. My tribunal was due to take place on 16 Sept. I received

Customer Question

Hi Ben. My tribunal was due to take place on 16 Sept. I received a letter from the respondent asking the judge to increase the length of the tribunal from 1 to 3 days. I wrote to the judge saying that this was just a delaying tactic. I now find that the tribunal has been delayed indefinitely. Is there anything I can do to get it back on track? Thanks
Submitted: 11 months ago.
Category: UK Bankruptcy Law
Expert:  Ben Jones replied 11 months ago.
Hello again, did the employer say why they needed 3 days instead of 1?
Customer: replied 11 months ago.

Yes, they said they needed 3 days due to witnesses. I wrote to the judge to say a) I felt this was a delaying tactic and b) due to the anxiety/depression I would like to get things going.

Expert:  Ben Jones replied 11 months ago.
What was the original claim for and how many witnesses will there be in total?
Customer: replied 11 months ago.

The claim was for wrongful dismissal - the respondent has has said they will need to call 2-3 witnesses. I am not intending to call any.

Expert:  Ben Jones replied 11 months ago.
Whilst it is certainly possible for a party to a tribunal claim to request an extension of the originally scheduled duration of the hearing, at the same time the other party has the right to formally object to that. The employer would have given their reasons for the need to extend the hearing duration but if you disagree with these then you should write to the tribunal stating why you object to it. I would say that it is unlikely a wrongful dismissal claim with just 2-3 witnesses would require a 3 day hearing - this would be more suitable for a more complex discrimination or whistle blowing claim where there are more witnesses involved. I have attended many claims where there have even been 3-4 witnesses and the claim has been heard and decided in a day. So you should write to the tribunal with all of these reasons and tell them why you object to the extension of the duration of the hearing.
Customer: replied 11 months ago.

I get the feeling that the tribunal is a bit overloaded at the moment and this was a good excuse to push it into the future. I have written to the tribunal to ask why they delayed it and also why they did not acknowledge my original argument. I have still heard nothing.


 

Expert:  Ben Jones replied 11 months ago.
they will eventually respond but in this case all you can really do is give them clear and sufficient reasons as to why you believe the original request should not be granted - however the final decision still rests with the tribunal unfortunately, they have the power to make such decisions which will be binding on both parties
Ben Jones, Solicitor
Satisfied Customers: 38378
Experience: Solicitor with UK Bankruptcy and Insolvency Law experience
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